The National Cadet Corps informed the Kerala High Court that that transgender person cannot be allowed into the NCC as there is no provision for the same.
The divisions created in NCC were only for boys and girl cadets as per the existing policy, the NCC said. It also informed that it is the prerogative of the central government to constitute a new division for the transgender.
The submission by Lieutenant Colonel Prem Chand Jha, Officer Commanding, Kerala Battalion NCC, Thiruvananthapuram was made in response to a petition filed by Hina Haneefa, a transwoman and a student of Thiruvananthapuram University college, challenging the NCC's exclusion of transgender persons from their program in the college. The Officer Commanding further stated that the divisions created in the NCC were only for male and female genders. Moreover, in NCC, facilities, training modules and other curriculums provided to both the divisions were different from each other. In fact, before constituting a new division for the third gender, the Centre had to conduct a major exercise in terms of reviewing the infrastructure facilities, modules, and facilities that are binding to such divisions. Any induction of a candidate not from male or female gender without due deliberations by the authorities would have far-reaching ramifications. The issue of raising a new division was a policy decision, he stated. He also said that the petitioner has chosen to be called transgender female which falls in the third gender category as a transwoman whereas enrolment in NCC as a cadet is open only to a male and female gender. He added that that one of the primary aims of NCC was to groom the cadets for a future with the Armed forces whereas, there was no provision existing for the entry of transgender into the Indian Armed Forces.